State Of Washington, V Dennis J. W. Fisher, 48907-4

Fisher convicted of possession of heroin after a Terry stop where Goode found heroin during a pat-down/frisk.
Goode stopped Fisher’s vehicle in Forks after a disturbance report and detained him.
During the pat-down, Goode lifted Fisher’s shirt to view a bulge in the pocket.
Goode seized a plastic baggie containing a substance she believed to be heroin; timing of seeing the substance is unclear.
Fisher did not move to suppress the heroin or the cash found during the search incident to arrest; conviction entered.
On appeal, the court held the record is insufficient to determine the propriety of the frisk or plain-view seizure, so ineffective-assistance claims are not resolved; conviction affirmed.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Was there reasonable suspicion to frisk Fisher for weapons?	Fisher	Fisher argues no basis to frisk.	Record insufficient to decide.
Did lifting Fisher’s shirt exceed the Terry frisk scope?	Fisher	Goode’s shirt-lift may exceed pat-down scope.	Record insufficient to decide.
Was seizing the heroin baggie under plain view permissible?	Fisher	Plain view justified seizure if search lawful.	Record insufficient to decide.
Would suppression have been likely if argued?	Fisher	Not determinable from record; suppression motion not developed.	Not reviewable; use P.R.P. route.

State v. Fuentes, 183 Wn.2d 149 (2015) (Fourth Amendment framework in Washington)
State v. Russell, 180 Wn.2d 860 (2014) ( Terry stop and frisk limits; protective search scope)
State v. Day, 161 Wn.2d 889 (2007) (frisk scope and reasonableness; nonintrusive)
Hudson v. State, 124 Wn.2d 107 (1994) (plain view during permissible search; scope of frisk)
State v. Bee Xiong, 164 Wn.2d 506 (2008) (frisk purposes; protection against weapons)
Garvin, 166 Wn.2d 242 (2009) (frisk and protective search principles)
Weller, 185 Wn. App. 913 (2015) (plain view and search legality on appeal)
State v. McFarland, 127 Wn.2d 322 (1995) (review when record lacking suppression record)